County Responds To Cities' Intended Legal Action

(Lawrenceville, Ga., Feb. 2, 2010) - Gwinnett County Commission Chairman Charles Bannister issued the following statement concerning the cities' intent to file a legal motion against the State of Georgia involving service delivery negotiations between the County and the cities in Gwinnett: "I was made aware shortly after lunch today that Buddy Welch, the attorney for all 15 Gwinnett cities in the Service Delivery Strategy litigation, has prepared and will file tomorrow by 2 p.m. a motion to hold Commissioner Michael Beatty of the Georgia Department of Community Affairs in contempt?for?not imposing sanctions on the residents of Gwinnett County. Mr. Welch has informed Commissioner Beatty of this intention by letter dated today, which is accompanied by 42 pages of supporting documentation.

"Mr. Welch's letter is based on his belief that Commissioner Beatty is in violation of an order issued by Judge Barrett on Jan. 15. I don't think it necessary to discuss the legal issues involved as Commissioner Beatty has excellent counsel in the State Attorney General's office, but I am deeply concerned that a Motion would be filed to speed the imposition of sanctions by the State of Georgia on all Gwinnett citizens regardless of whether they reside in cities as 20 percent do or in unincorporated Gwinnett as 80 percent of our residents do. It seems counterproductive for Mr. Welch to ask for sanctions that will, according to the Department of Community Affairs, be imposed on Feb. 28 to be moved up to Feb. 1 due to Mr. Welch's interpretation of the law.

"It is important to note that the sanctions that will be imposed by the Department of Community Affairs will affect all residents of this County, and to urge the imposition of such sanctions at the earliest possible date seems counter to the best interests of all of our citizens.

"The argument in the past for the imposition of these sanctions is that this is the only way the County will negotiate. I disagree with this assertion. We are currently working overtime to reach a settlement with the cities that is fair to all of Gwinnett's citizens. This takes time but can - and I hope will - happen. Recently Judge Barrett issued a Scheduling Order in this same case. It places very quick deadlines on all parties, some as early as this Friday, Feb. 5, with a pre-trial conference to take place on March 19. This order, and not the threat of sanctions, will move both the County and the cities closer to either reaching a settlement of this issue or a decision to try this case in court.

"This request by Mr. Welch seems out of tune with the best interests of all citizens of Gwinnett, including those in the cities he represents who will pay for this Motion. Think about it, even if he is successful, the sanctions are only imposed 28 days earlier and have the potential to restrict real money coming to Gwinnett or its cities within that time frame."

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